For the purposes of this article, except where the context
clearly requires otherwise, the following terms shall have the
meanings ascribed to them:

(1) "Applicant" means a person who files a completed
application as required by sections three and six of this article
to be licensed to conduct a private investigation business or a
security guard business. When a person other than a natural person
is applying for a license, the applicant shall be the person whose
qualifications are presented to meet the experience or education
requirements of sections two or five of this article.

(2) "Private investigation business" means the business of
doing an investigation or investigations, for hire, reward or any
other type of remuneration, to obtain information about:

(A) A crime which is alleged to have occurred or is threatened
to occur;

(B) The habits, activities, conduct, movements, location,
associations, transactions, reputation or character of any person;

(C) The credibility of witnesses or other persons;

(D) The location or recovery of lost or stolen property;

(E) The causes or origins of any fire, accident or injury to
any property, real or personal, or to identify or locate any person
or persons responsible for any such fire, accident or injury;

(F) The truth or falsity of any statement or representation,
whether written or oral, or of any type of depiction;

(G) Any matters which constitute evidence or which may lead to
the discovery of evidence to be used before any judicial or quasijudicial tribunal, including, but not limited to, civil or
criminal courts, administrative agencies, investigating committees,
or boards of award or arbitration;

(H) The whereabouts of any missing or kidnapped person;

(I) The affiliation, connection or relationship of any person
with any corporation or other business entity, union, organization,
society or association, or with any official, member or
representative thereof;

(J) Any person or persons seeking employment in the place of
any employee or employees who have quit work by reason of any
strike; or

(3) "Firm license" means the license held by a person whom the
secretary of state has authorized to operate a private detective
investigative firm or security guard firm after such person has
filed and completed an application pursuant to the application
requirements contained in sections three or six and has satisfied
the eligibility requirements contained in sections two or five.

(4) "Person" means a natural person, a group of persons or
individuals acting individually or as a group, a corporation,
company, partnership, association, society, firm, or any business
organization or entity organized or existing under the laws of this
or any other state or country;

(5) (A) "Private detective" or "private investigator" means a
person who is licensed pursuant to the provisions of this article
to conduct a private investigation business, as defined in subdivision (2) of this section, and who conducts such business
individually and independently from any private detective or
investigative firm;

(B) "Private detective" or "private investigator" does not
include:

(i) Any individual while acting as an adjuster for an
insurance company or companies;

(ii) Individuals employed exclusively and regularly by only
one employer in connection with the affairs of such employer only;

(iii) An officer or employee of the United States, or any
law-enforcement officer of this state or any political subdivision
thereof, while such officer or employee is engaged in the
performance of his official duties or while working for a private
employer in his off-duty hours;

(iv) Attorneys or counselors-at-law or any employee orrepresentative of such attorney or counselor;

(v) Any corporation duly authorized by this state to operate
central burglar or fire alarm protection business; or

(vii) Any investigator of crime appointed by a prosecuting
attorney of a county pursuant to the provisions of section two,
article four, chapter seven of this code.

(6) "Private detective or investigative firm" means any
private detective agency or business or any investigative agency or
business that is operated by a licensed private detective or
investigator and which employs one or more other persons who
actually conduct the private investigation business as defined in
subdivision (2) of this section.

(7) (A) "Security guard" means a person who is licensed
pursuant to the provisions of this article to conduct a security
guard business, as defined in subdivision (8) of this section, and
who conducts such business individually and independently from a
security guard firm.

(B) "Security guard" does not include a person who is employed
exclusively and regularly by only one employer in connection with
the affairs of such employer only, or a person who is otherwise
hereinafter excluded from the requirements of this article;

(8) (A) "Security guard business" means the business of
furnishing, for hire, reward or other remuneration, watchmen,
guards, bodyguards, private patrolmen or other persons, to:

(i) Protect property, real or personal, or any person;

(ii) To prevent theft, unlawful taking, misappropriation or
concealment of goods, wares or merchandise, money, bonds, stocks,
notes or other valuable documents, papers and articles of value; or

(iii) To furnish for hire, guard dogs or armored motor vehicle
security services, in connection with the protection of persons or
property;

(B) "Security guard business" does not include any activities
or duties for which it is necessary to be trained and certified as
a law-enforcement officer in accordance with the provisions of
article twenty-nine, chapter thirty of this code.

(9) "Security guard firm" means any security guard agency or
business that is operated by a licensed security guard and which
employs one or more other persons who actually conduct a security
guard business as defined in subdivision (8) of this section.

(a) In order to be eligible for any license to conduct the
private investigation business, an applicant shall:

(1) Be at least eighteen years of age;

(2) Be a citizen of the United States or an alien who is
legally residing within the United States;

(3) Not have had any previous license to conduct a private
investigation business or to conduct a security guard business
revoked or any application for any such licenses or registrations
denied by the appropriate governmental authority in this or any
other state or territory;

(4) Not have been declared incompetent by reason of mental
defect or disease by any court of competent jurisdiction unless a
court has subsequently determined that the applicant's competency
has been restored;

(5) Not suffer from habitual drunkenness or from narcotics
addiction or dependence;

(6) Be of good moral character;

(7) Have a minimum of two years of experience, education or
training in any one of the following areas, or some combination
thereof:

(A) Course work that is relevant to the private investigation
business at an accredited college or university;

(B) Employment as a member of any United States government investigative agency, employment as a member of a state or local
law-enforcement agency or service as a sheriff;

(C) Employment by a licensed private investigative or
detective agency for the purpose of conducting the private
investigation business;

(D) Service as a magistrate in this state; or

(E) Any other substantially equivalent training or experience;

(8) Not have been convicted of a felony in this state or any
other state or territory;

(9) Not have been convicted of any of the following:

(A) Illegally using, carrying or possessing a pistol or other
dangerous weapon;

(B) Making or possessing burglar's instruments;

(C) Buying or receiving stolen property;

(D) Entering a building unlawfully;

(E) Aiding an inmate's escape from prison;

(F) Possessing or distributing illicit drugs;

(G) Any misdemeanor involving moral turpitude or for which
dishonesty of character is a necessary element; and

(10) Not have violated any provision of section eight of this
article.

The provisions of this section shall not prevent the issuance
of a license to any person who, subsequent to his or her
conviction, shall have received an executive pardon therefor,
removing this disability.

(b) Any person who qualifies for a private investigator's
license shall also be qualified to conduct security guard business
upon notifying the secretary of state in writing that the person
will be conducting such business.

(c) No person may be employed as a licensed private
investigator while serving as magistrate.

(a) To be licensed to be a private detective, a private
investigator or to operate a private detective or investigative
firm, each applicant shall complete and file a written application,
under oath, with the secretary of state and in such form as the
secretary may prescribe.

(b) On the application each applicant shall provide the
following information: The applicant's name, birth date,
citizenship, physical description, military service, current
residence, residences for the preceding seven years, qualifying
education or experience, the location of each of his or her offices
in this state and any other information requested by the secretary
of state in order to comply with the requirements of this article.

(c) In the case of a corporation that is seeking a firm
license, the application shall be signed by the president, and
verified by the secretary or treasurer of such corporation and
shall specify the name of the corporation, the date and place of
its incorporation, the names and titles of all officers, the
location of its principal place of business, and the name of the
city, town or village, stating the street and number, and otherwise
such apt description as will reasonably indicate the location. If
the corporation has been incorporated in a state other than West
Virginia, a certificate of good standing from the state of
incorporation must accompany the application. This informationmust be provided in addition to that required to be provided by the
applicant.

(d) The applicant shall provide:

(1) Information in the application about whether the applicant
has ever been arrested for or convicted of any crime or wrongs,
either done or threatened, against the government of the United
States;

(2) Information about offenses against the laws of West
Virginia or any state; and

(3) Any facts as may be required by the secretary of state to
show the good character, competency and integrity of the applicant.

To qualify for a firm license, the applicant shall provide
such information for each person who will be authorized to conduct
the private investigation business and for each officer, member or
partner of the firm.

(e) As part of the application, each applicant shall give the
secretary of state permission to review the records held by the
division of public safety for any convictions that may be on record
for the applicant.

(f) For each applicant for a license and for each officer,
member and partner of the firm applying for a license, the
application shall be accompanied by one recent full-face photograph
and one complete set of the person's fingerprints.

(g) For each applicant, the application shall be accompanied
by:

(1) Character references from at least five reputable
citizens. Each reference must have known the applicant for at
least five years preceding the application. No reference may be
connected to the applicant by blood or marriage. All references
must have been written for the purpose of the application for a
license to conduct the private investigation business; and

(2) A nonrefundable application processing service charge of
fifty dollars, which shall be payable to the secretary of state to
offset the cost of license review and criminal investigation
background report from the department of public safety, along with
a license fee of one hundred dollars if the applicant is an
individual, or two hundred dollars if the applicant is a firm, or
five hundred dollars if the applicant is a nonresident of West
Virginia or a foreign corporation or business entity. The license
fee shall be deposited to the general revenue fund, and shall be
refunded only if the license is denied.

(h) All applicants for private detective or private
investigator licenses or for private investigation firm licenses
shall file in the office of secretary of state a surety bond. Such
bond shall:

(1) Be in the sum of two thousand five hundred dollars and
conditioned upon the faithful and honest conduct of such business
by such applicant;

(2) Be written by a company recognized and approved by the
insurance commissioner of West Virginia and approved by theattorney general of West Virginia with respect to its form;

(3) Be in favor of the state of West Virginia for any person
who is damaged by any violation of this article. The bond must
also be in favor of any person damaged by such a violation.

(i) Any person claiming against the bond required by
subsection (h) of this section for a violation of this article may
maintain an action at law against any licensed individual or firm
and against the surety. The surety shall be liable only for
damages awarded under section twelve of this article and not the
punitive damages permitted under that section. The aggregate
liability of the surety to all persons damaged by a person or firm
licensed under this article may not exceed the amount of the bond.

(a) Any person who has a private detective firm or
investigative firm license shall be responsible for supervising any
employee or other individual who conducts the private investigation
business under the authority of such person's firm license,
regardless of whether such employee or other individual receives
compensation for conducting such business. Such supervision shall
include providing any education or training that is reasonably
necessary to ensure compliance with the requirements of this
article.

(b) Any employee or individual who conducts the private
investigation business under the authority of a private detective
or investigative firm license shall:

(1) Satisfy the requirements of section two of this article,
except that such person need not satisfy the education and training
requirements contained in subdivision (7) of section two; and

(2) Authorize the secretary of state to review the records
held by the division of public safety for any convictions that may
be on record for such employee or individual.

(c) A holder of a private detective or investigative firm
license is prohibited from authorizing any individual or employee
to conduct a private investigation business if such individual does
not comply with the requirements of this section.

(d) For every employee or individual who conducts the business
of private investigation under the authority of a private detective
or investigative firm license, the holder of such license must maintain a recent full-face photograph and one complete set of
fingerprints on file at such firm's central business location in
this state. Upon request, the holder of the firm license must
release the photographs and fingerprints to the secretary of state.

(a) In order to be eligible for any license to conduct
security guard business, an applicant shall:

(1) Be at least eighteen years of age;

(2) Be a citizen of the United states or an alien who is
legally residing within the United States;

(3) Not have had any previous license to conduct security
guard business or to conduct the private investigation business
revoked or any application for any such licenses or registrations
denied by the appropriate governmental authority in this or any
other state or territory;

(4) Not have been declared incompetent by reason of mental
defect or disease by any court of competent jurisdiction unless
said court has subsequently determined that the applicant's
competency has been restored;

(5) Not suffer from habitual drunkenness or from
narcotics addiction or dependence;

(6) Be of good moral character;

(7) Have had at least one year verified, full time employment
conducting security guard business or conducting the private
investigation business working for a licensed firm or have one year
of substantially equivalent training or experience;

(8) Not have been convicted of a felony in this state or any
other state or territory;

(9) Not have been convicted of any of the following:

(A) Illegally using, carrying or possessing a pistol or other dangerous weapon;

(B) Making or possessing burglar's instruments;

(C) Buying or receiving stolen property;

(D) Entering a building unlawfully;

(E) Aiding an inmate's escape from prison;

(F) Possessing or distributing illicit drugs;

(G) Any misdemeanor involving moral turpitude or for which
dishonesty of character is a necessary element; and

(10) Not having violated any provision of section eight of
this article.

The provisions of this section shall not prevent the issuance
of a license to any person who, subsequent to his conviction, shall
have received an executive pardon therefor, removing this
disability.

(a) To be licensed as a security guard or to operate a
security guard firm, each applicant shall complete and file a
written application, under oath, with the secretary of state and in
such form as the secretary may prescribe.

(b) On the application, each applicant shall provide the
following information: The applicant's name, birth date,
citizenship, physical description, military service, current
residence, residences for the preceding seven years, qualifying
education or experience, the location of each of his or her offices
in this state and any other information requested by the secretary
of state in order to comply with the requirements of this article.

(c) In the case of a corporation that is seeking a firm
license, the application shall be signed by the president, and
verified by the secretary or treasurer of such corporation and
shall specify the name of the corporation, the date and place of
its incorporation, the names and titles of all officers, the
location of its principal place of business, and the name of the
city, town or village, stating the street and number, and otherwise
such apt description as will reasonably indicate the location. If
the corporation has been incorporated in a state other than West
Virginia, a certificate of good standing from the state of
incorporation must accompany the application. This information
shall be provided in addition to that required to be provided theapplicant.

(d) The applicant shall provide:

(1) Information in the application about whether the applicant
has ever been arrested for or convicted of any crime or wrongs,
either done or threatened, against the government of the United
States;

(2) Information about offenses against the laws of West
Virginia or any state; and

(3) Any facts as may be required by the secretary of state to
show the good character, competency and integrity of the applicant.

To qualify for a firm license, the applicant shall provide
such information for each person who would be authorized to conduct
security guard business under the applicant's firm license and for
each officer, member or partner in the firm.

(e) As part of the application, each applicant shall give the
secretary of state permission to review the records held by the
department of public safety for any convictions that may be on
record for the applicant.

(f) For each applicant for a license and for each officer,
member and partner of the firm applying for a license, the
application shall be accompanied by one recent full-face photograph
and one complete set of the person's fingerprints.

(g) For each applicant, the application shall be accompanied
by:

(1) Character references from at least five reputablecitizens. Each reference must have known the applicant for at
least five years preceding the application. No reference may be
connected to the applicant by blood or marriage. All references
must have been written for the purpose of the application for a
license to conduct security guard business; and

(2) A nonrefundable application processing service charge of
fifty dollars, which shall be payable to the secretary of state to
offset the cost of license review and criminal investigation
background report from the department of public safety, along with
a license fee of one hundred dollars if the applicant is an
individual, or two hundred dollars if the applicant is a firm, or
five hundred dollars if the applicant is a nonresident of West
Virginia or a foreign corporation or business entity. The license
fee shall be deposited to the general revenue fund, and shall be
refunded only if the license is denied.

(h) All applicants for security guard licenses or security
guard firm licenses shall file in the office of secretary of state
a surety bond. Such bond shall:

(1) Be in the sum of two thousand five hundred dollars and
conditioned upon the faithful and honest conduct of such business
by such applicant;

(2) Be written by a company recognized and approved by the
insurance commissioner of West Virginia and approved by the
attorney general of West Virginia with respect to its form;

(3) Be in favor of the state of West Virginia for any personwho is damaged by any violation of this article. The bond must
also be in favor of any person damaged by such a violation.

(i) Any person claiming against the bond required by
subsection (h) of this section for a violation of this article may
maintain an action at law against any licensed individual or firm
and against the surety. The surety shall be liable only for
damages awarded under section twelve of this article and not the
punitive damages permitted under that section. The aggregate
liability of the surety to all persons damaged by a person or firm
licensed under this article may not exceed the amount of the bond.

(a) Any person who has a security guard firm license shall be
responsible for supervising any employee or other individual who
conducts security guard business under the authority of such
person's firm license, regardless of whether such employee or other
individual receives compensation for conducting such business.
Such supervision shall include providing any education or training
that is reasonably necessary to ensure compliance with the
requirements of this article.

(b) Any employee or individual who conducts security guard
business under the authority of a firm license shall:

(1) Satisfy the requirements of section five of this article,
except that such person need not satisfy the prior employment
requirements contained in subdivision (7) of section five; and

(2) Authorize the secretary of state to review the records
held by the department of public safety for any convictions that
may be on record for such employee or individual.

(c) A holder of a security guard firm license is prohibited
from authorizing any individual or employee to conduct security
guard business if such individual does not comply with the
requirements of this section.

(d) For every employee or individual who conducts security
guard business under the authority of a security guard firm
license, the holder of such license must maintain a recent full-face photograph and one complete set of fingerprints on file at
such firm's central business location in this state. Upon request, the holder of the firm license must release the photographs and
fingerprints to the secretary of state.

WVC 30 - 18 - 8
§30-18-8. Prohibitions.

(a) No person shall engage in the private investigation
business or security guard business without having first obtained
from the secretary of state a license to conduct such business.

(b) All licensed persons, including private detectives,
private investigators, security guards, private detective or
investigative firms and security guard firms, are prohibited from
transferring their licenses to an unlicensed person, firm or
agency. This prohibition includes contracting or subcontracting
with an unlicensed person, firm or agency to conduct the private
investigation business or security guard business.

(c) It is unlawful for any person subject to the provisions of
this article to knowingly commit any of the following:

(1) Employ any individual to perform the duties of an employee
who has not first complied with all provisions of this article and
the adopted regulations;

(2) Falsely represent that a person is the holder of a valid
license;

(3) Make a false report with respect to any matter with which
he or she is employed;

(4) Divulge any information acquired from or for a client to
persons other than the client or his or her authorized agent
without express authorization to do so or unless required by law;

(6) Authorize or permit another person to violate any
provision of this article or any rule of the secretary of state adopted for this article.

WVC 30 - 18 - 9
§30-18-9. Renewal of license.

A license granted under the provisions of this article shall
be in effect for one year from the date the certificate of license
is issued and may be renewed for a period of one year by the
secretary of state upon application, in such form as the secretary
may prescribe, and upon payment of the fee and the filing of the
surety bond. At the time of applying for renewal of a license, the
secretary of state may require any person to provide additional
information to reflect any changes in the original application or
any previous renewal.

WVC 30-18-10

§30-18-10. Authority of Secretary of State.

(a) When the Secretary of State is satisfied as to the good character, competency and integrity of an applicant, of all employees or individuals conducting the private investigation business or security guard services under a firm license and, if the applicant is a firm, of each member, officer or partner, he or she shall issue and deliver to the applicant a certificate of license. Each license issued shall be for a period of one year and is revocable at all times for cause shown pursuant to subsection (b) of this section or any rules promulgated pursuant thereto.

(b) The Secretary of State may propose for promulgation in accordance with the provisions of chapter twenty-nine-a of this code legislative rules necessary for the administration and enforcement of this article and for the issuance, suspension and revocation of licenses issued under the provisions of this article. The Secretary of State shall afford any applicant an opportunity to be heard in person or by counsel when a determination is made to deny, revoke or suspend an applicant’s license or application for license, including a renewal of a license. The applicant has fifteen days from the date of receiving written notice of the Secretary of State’s adverse determination to request a hearing on the matter of denial, suspension or revocation. The action of the Secretary of State in granting, renewing, or in refusing to grant or to renew, a license is subject to review by the circuit court of Kanawha County or other court of competent jurisdiction.

(c) At any hearing before the Secretary of State to challenge an adverse determination by the Secretary of State on the matter of a denial, suspension or revocation of a license, if the adverse determination is based upon a conviction for a crime which would bar licensure under the provisions of this article, the hearing shall be an identity hearing only and the sole issue which may be contested is whether the person whose application is denied or whose license is suspended or revoked is the same person convicted of the crime.

(d) The Secretary of State shall require each applicant to submit to a state and national criminal history record check, as set forth in this subsection:

(1) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.

(2) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:

(A) Submitting fingerprints for the purposes set forth in this section; and

(B) Authorizing the Secretary of State, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.

(3) The results of the state and national criminal history record check may not be released to or by a private entity except:

(A) To the individual who is the subject of the criminal history record check;

(B) With the written authorization of the individual who is the subject of the criminal history record check; or

(C) Pursuant to a court order.

(4) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.

(5) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the original application for registration.

(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.

WVC 30 - 18 - 11
§30-18-11. Penalties.

(a) Any person, licensed or unlicensed, who violates any of
the provisions of this article is guilty of a misdemeanor and, upon
conviction, shall be fined not less than $100 nor more than $5,000
or be confined in jail for not more than one year, or both.

(b) In the case of a violation of subsection (a) of section
eight, a fine is assessed by the court for each day that an
individual conducted the private investigation business or security
guard business. In the case of a firm license, the fine is based
on each day that the private investigative or security services
were provided multiplied by the number of unauthorized persons
providing those services.

WVC 30 - 18 - 12
§30-18-12. Action for damages.

Any individual who is injured by a violation of this article
may bring an action for recovery of damages, including punitive
damages plus reasonable attorney's fees and court costs.

WVC 30 - 18 - 13
§30-18-13. Disposition of fees.

All fees collected hereunder by the secretary of state shall
be paid to the treasurer of the state and deposited in the general
revenue fund.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.